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Home My WebLink About94-06718 I/) ~ ~ CJ . -;P ~ f cO. .~ j (}o - l"1 ...:J . ... HAl? 1 1995 J..- H~R Z 2 33 PH '95 KAREN BURGETT, Plaintiff 1.', ';-',ll;. "':IN:WK ;'&iURT OF COMMON PLEAS OF :CUHBERLANb COUNTY, PENNSYLVANIA : :NO. (., 7/~- CIVIL - 1994 : v CARY BASTRESS, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this W day of .JY1J c.L. , 1995, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Karen Burgett, and the Father, Cary Bastress, shall enjoy shared legal custody of Alica Marie Catherine Rastress, born March 27, 1992. . 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: A. Starting February 25 and continuing for four consecutive Saturdays, the Father shall exercise temporary custody with the minor child from noon until 5 P.M. on each Saturday at the Mother's home. B. Starting March 25, Father shall exercise temporary custody from 9 A.M. until 5 P.M. on each Saturday for four successive Saturdays. This custody may be exercised with the Father taking the child out of the Mother's home. C. Starting April 29, the Father shall enjoy custody on alternating weekends, with the first four alternating weekends being Saturday from 9 A.M. until Sunday at 6 P.M. After those first four alternating weekends, the alternating weekend schedule shall be expanded from Friday evening at 5 P.M. until Sunday evening at 6 P.M. 4. This schedule may be modified by the parties as they may agree. 5. Father shall handle transportation for the exchange of custody unless agreed otherwise by the parties. DEe 1'1 3 113,'11 '911 -; t-; "~ ~ ,'1 ' r ,il' ~ t' I,ll,:: M" .11'( .'1..' I' :',:1' I'. t~ '.~';.... ";,, T.....- ,. .....,.--. ..,:.'"'",.....-,.,-~,,"'~t., ."_.............._~~,.,..._"'...~,..___......_.~r.' ."~".. . I . r , ,.. .' I I I I i \ 1 . I , . , , , -..- - i~, , . .- n. ,- t.:, ", I .. . " '. , , ;:i: ,. ,. , cO" ~ ' ; I "! .. . J;d '.,:I:l.. II (,I "~) ~ I' r..~ I U III ~ ~ f.<< E-t ~ f.<< Z P<>< H ~ E-t E-t 0 ~ ffi ~E5 Z Z M >< H W W ffi g ~o ~ f.<< ~~ f.<< E-t :c ~ ~ UH H W u 80 ~ 0 E-tP< 0 ..:l Vl ~ 0 W H a .. ~ z> :E -lll > <.:l ;;: I'<~..:l >< ~g; . H 8 iil ~ O..:l >< 00 III U ~ ;.: P:1Il E-t0 H~ III ::i < ... ~ E-tWZ E-t 0 W <0 lQ f1 g;~ffi E-tlll oz P: ~ ffi ~ zo ~w E-t I' ., oOP< HU .~ III \D cia ;;! uu ~ III ~ I lQ <: ..:lU > ~ ... " u WI'< P< '" 11:0 :E Z~ >< '" Eo< 0 w.... W ... U ~~ ~ . Z 0 H UI'< U Z . - , i1., '.'.' \ ~ .- .. .. " . ., ,.. , 5. The relationship of the Defendant to child is that of nalurat father. His current residence is believeu (0 be in Hanover, Pennsylvania. 6. The parties have participated as a party or witness in reference to the custody of their child. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best intarest and permanent welfare of the child will be served by granting (he relief requested because: (a) The Mother has always been the primary caretaker of Alica. (b) The Father has a long history of suffering from a bi-polar disorder and Is currently undergoing a lot of stress, The Plaintiff's daughter has a great deal of fear about having contact with her Father and only wishes to see him in a supervised setting, A1ica is fearful that if the contact is unsupervised that he will abduct her. a, Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of (he child will be given notice of the pendency of this action and the right (0 intervene. NAME ADDRESS BASIS OF CLAIM None ~ v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6718 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY CAREN L. BODINE, Plaintiff CARY BASTRESS, Defendant IN RE: PLAINTIFF'S COMPLAINT TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 2nd day of December, 2002, upon consideration of Plaintiff's Complaint To Modify Custody, and pursuant to an agreement reached in chambers of the undersigned judge between counsel for the Plaintiff in the person of Robert L. O'Brien, Esquire, and counsel for the Defendant in the person of Joan Carey, Esquire, with respect to custody of the parties' child, Alica Catherine Bastress (date of birth March 27, 1992), it is ordered and directed as follows: 1. The father will .initiate contact with Alica by sending a letter, and Alica will respond to the father by sending the father a letter; 2. The counselor, Kay Balcziunas, M.S.N., R.N., C.S., has indicated that she will schedule initially two sessions of counseling, the first session to be with Alica alone, followed with a second session where Alica and her father will meet; 3. Kay Balcziunas has also indicated that she anticipates a total of up to 5 sessions of counseling between the father and the daughter, although it could be shorter if the counselor deems it appropriate; 4. The paternal grandmother and Ryan Bastress, Alica's half brother, shall also be free to contact Alica during the course of the counseling; 1Il i:J 1-1 Pot >< ~ ~ Q r... ~ ~ 21>< 0 r... 21 W ..... O~ ~ ~H .0: ~ i5 ~~ III ~~ 0 !> :c 0- S 0 ~Z 21 1-1 U ~ 00 U WH W H i:J VJ ~ UU.o: ~t.:l .0: r... > .. ~ > H l>: WlX:1-1 W H U iE ~ r...O~ 0 ZOPot -0 U 8 ~ Ci: ~ ~ o:ij> r.. Hm 1Il ~ -< 0 1Il co ~ 0- e-o...:ll-1 ~ 021 W ~ <Q ~ lX:l>:l>< Z ~~ l>: r- i:5 ~ t:llillll H e-o '" ., iii o~z .0: 1Il I Ci: uo15 ...:I ...:IU 1Il .0: .. <Q < "" > m 0\ 0 u ColUPot :E zru 0\ lI: 0 Col.... l>< ~ e-or.. U ~~ ~ 210 . u.... U 0 H 21 . , G- , " vi) with his Wife Christine Bastress and her two children Kayla Dehaugh and Brandon Dehaugh. 6. The parties have participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or In any other Court. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Mother has always been the primary caretaker of Alicia. (b) The Father has a long history of suffering from a bi-polar disorder and is currently undergoing a lot of stress. The Plaintiff is concerned because the Father is not receiving any counseling to assist him with dealing with the stress. (c) Mother wants to be accommodating to permit "frequent and continuing contact and physical contact" between Alicia and her Father. 23 PACSA 5303 (a). Alicia has stAted a reluctance to spend time with her Father. The Plaintiff believes this Is because the Father has very little Interaction with Alicia during his time of custody. (d) On two visits Alicia has contracted lice while at the Father's home. (e) The Father has Indicated he may separate from his current Wife and relocate to Memphis, Tennesee. B. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this frAJ{. 1 1995 ~ KAREN BURGETT, Plaintiff v :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. fo7/~ - CIVIL - 1994 . . CARY BASTRESS, Defendant . . :CIVIL ACTION - CUSTODY COURT ORDER ;~D NOW, this ~ day of ~~-L , 1995, upon consideration of the attached Custody ConcilIation Report, it is ordered and directed as follows: 1. The Mother, Karen Burgett, and the Father, Cary Bastress, shall enjoy shared legal custody of Alica Marie Catherine Bastress, born March 27, 1992. 2. The Mother shall enjoy primary physical custody of the minor child. 3. The Father sh91l enjoy periods of tempora.ry physical custody of the minor child as follows: A. Starting February 25 and continuing for four consecutive Saturdays, the Father shall exercise temporary custody with the minor child from noon until 5 P.M. on each Saturday at the Mother's home. B. Starting March 25, Father shall exercise temporary custody from 9 A.M. until 5 P.M. on each Saturday for four successive Saturdays. This custody may be exercised with the Father taking the child out of the Mother's home. C. Starting April 29, the Father shall enjoy custody on alternating weekends, with the first four alternating weekends being Saturday from 9 A.M. until Sunday at 6 P.M. After those first four alternating weekends, the alternating weekend schedule shall be expanded from Friday evening at 5 P.M. until Sunday evening at 6 P.M. 4. This schedule may be modified by the parties as they may agree. 5. Father shall handle transportation for the exchange of custody unless agreed otherwise by the parties. . ffl'2 1 2002 ('AIWN I.. BODINE. Pll1il1titl' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v CIVIL ACTION - LAW NO. 94 - 6718 CIVIL IN CUSTODY ('ARY BASTRESS. Iklcnd,lIlt COURT ORDER AND NOW, this l2..,c!.aay of February, 2002, upon consideration of the attached Custody Conciliation Report. it is ordered and directed as follows: I. The Fl1ther shall work with the Mother with respect to arranging Father's participation in counseling at Franco & Associates where the minor child Alica Marie Catherine Bastress is receiving counseling. The purpose of this counseling shall be to address and issues the child, with the Father's involvement heing designed to ~ddress issues between the Father and the daughter in the hope that the counselor will be able to facilitate a beller relationship between Father and daughter. Mother shall be involved in these counseling sessions as needed pursuant to the decision of the counselor. Counselors at Franco & Associates are authorized to share with both parents and their legal counsel all matters pertaining to the counseling as it relates to facilitating a better relationship between Father and daughter. 2. The parties shall each use their available insurance resources for payment of the counseling sessions. In the event the parties are not able to work out an arrangement where Father's involvement with the child's counseling sessions is covered through insurance, Father shall be responsible for payment of his costs relating \0 his counseling sessions. However, the counseling sessions are family counseling with the stated intent of aiding Alica in dealing with her various problems. including her relationship with her Father. 3. Father shall enjoy reasonable telephone contact with the minor child. 4. The minor child, Alica Marie Catherine Bastress, born March 27, 1992, shall continue in the physical custody of the Mother. This order is temporary in nature and designed only to address the situation pending a resolution of the counseling set forth above. The shared legal custody arrangement as per the March 2, 1995 Order shall remain in effect subject, however, to the understanding that Father's physical custody with the minor child shall be subject to arrangements specitied pursuant to the counseling sessions. CAREN BURGETT, Plaintiff Vo CARY BASTRESS, Defendam NOV : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY . : qo,.-(,,~t~ : NO. CIVIL ~ ORDER OF COURT AND NOW, this ~,~- day of , 1994, on consideration of the attached petitioner's Affidavit, leave is granted to the petitioner to proceed in forma pauperis to the extent that she is relieved of all costs in this action. By the Court, CAREN BURGETT, Plaintiff Vo CARY BASTRESS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : : NO. CIVIL 1994 PETITION TO PROCEED IN FORMA PAUPERIS Caren Burgett, plaintiff in the above titled action, respectfully requests this Honorable Court to grant her leave pursuant to Pa.R.C.P. 240 proceed in fotma pauperis to the extent that she be relieved of all costs attendant to this action. PATRICK W. QtEfINN Certified Legal intern ROBERT E. RAINS LINDA E. FISHER THOMAS L. PEELER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 CAREN BURGETT, Plaintiff CARY BASTRESS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION - LAW : IN CUSTODY . . : NO. CIVIL 1994 ATTORNEY'S AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Patrick W. Quinn, of the Family Law Clinic, attorney for the party petitioning to proceed in forma pauperis, certify that I believe petitioner is unable to pay the costs of instituting this action and that I am providing free legal service to petitioner. Plaintiff's Affidavit showing inability to pay the costs of litigation is attached hereto. Date I~ATRICK ~UINN ' Certified l_/(gal Intern ROBERT E. RAINS LINDA E. FISHER Supervising Attomey THOMAS L. PEELER Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 CAREN BURGETT, Plaintiff CARY BASTRESS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. CIVIL 199 : : CUSTODY AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED INFORMA PAUPERIS 1. I, Caren Burgett, am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the cos~ of Ikigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Caren Burgett Address: 520 Cherry Street, Carlisle, Cumberland County, PA 17013 Social Security No.: 161-56-5769 (b) I am presently unemployed. (c) Other income within the past twelve months Business or profession: none Other self-employment: none Interest: none Dividends: none Pension and annuities: none Social security benefits: none Support payments: none Disability payments: none Unemployment compensation and supplemental benefits: none Workman's compensation: none Public Assistance: $316.00 month Other: $206.00 month (food stamps) TOTAL: $522.00 month (d) There are no other contributors to my household support. (e) (f) (g) Property owned Cash: none Checking account: Savings account: Certificates of deposit: none Real estate (including home): Motor vehicle: Make: Ford Tempo, Year 1985 Cost, Amount Owed $ 0 Stocks; bonds: none Other: none Farmer's Trust: Fmmer's Trust: TOTAL: $30.00 balance $8.00 balance $38.00 Debts and obligations (per month) Rent: (HUD Subsidized): $52.00 Loans: Bon Ton Credit Card balance $150.00: $20.00 Other: Phone: Food: Utilities: Car Insurance: Outstanding Doctor's bill: Laundry: Diapers: Toiletries & Detergent: Clothing: Newspaper: Hairdressing: TOTAL: Persons dependent upon you for support Name: Alica Marie Bastress Children, if any: Name: Alica Marie Bastress Age: 2 years $50.00 $206.00 $45.00 $29.0o $24.00 $32.00 $28.00 $ s.oo $12.50 $ 6.00 $521.50 month I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date CAREN BURGETT, Plaintiff CARY BASTRESS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. CIVIL 1994 : : CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Carlisle, Pennsylvania 17013 (717)240-6200 CAREN BURGETT, Plaintiff CARY BASTRESS, Defendant NOV 0 199 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : NO. CIVIL-i-994- Ter/~ ORDER OF COURT You, Cary Bastress, defendant, have been sued in court to obtain custody of Alica Marie Catherine Bastress. You are ordered to appear in person at Cumberland County Courthouse, Carlisle, PA, Room , on , at M., for a hearing. If you fail to appear as provided by this order, an order for custody may be entered against you. If you wish to assert your claim to custody, partial custody or visitation rights with respect to the children or wish to present evidence to the Court, on those matters, you should petition the Court, on or before the above date, for leave to intervene in the proceedings. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 717/240-6200 Date J. CAREN BURGETT, Plaintiff V. CARY BASTRESS, Defendant NOV : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : : NO."/~It~CIVIL 1994 3 0 199 ORDER OF COURT AND NOW, this [y ~:lay of ~t~6eo~/~ , 1994, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear flor before, ~c<~'(~X. ~/,(°~e conciliator, at ~/fkx , Cumberland County Courthouse, on the t~ day of ~e~t>r~x'r'A/, 19~, at ~-;5o ./~m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, Custody Concl l~or YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4th Floor CARLISLE, PA 17013 717/240-6200 CAREN BURGETT, Plaintiff CARY BASTRESS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN CUSTODY : : : NO. CIVIL 1994 COMPLAINT FOR CUSTODY AND NOW, the plaintiff, Caren Burgett, by and through her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. The plaintiff is Caren Burgett, residing at 520 Cherry Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Cary Bastress, residing at 408 South Queen Street, Rear Apartment, Littlestown, Adams County, Pennsylvania 17340. 3. Plaintiff seeks custody of the following minor child: Name Present Residence Ag_e_ Alica Marie Catherine Bastress 520 Cherry Street, Carlisle 2 years Cumberland County, PA 17013 Alica was born out of wedlock. Alica is presently in the custody of Caren Burgett, who resides at 520 Cherry Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, Alica has resided with the following persons and at the following addresses: Persons Addresses Dates Caren Burgett 520 Cherry Street, Carlisle 4-7-93 to present Cumberland County, PA 17013 6420 Dupont Avenue, Dover, York County, PA 17315 Caren Burgett and Cary Bastress 3-92 to 4-7-93 The mother of Alica is Caren Burgett, currently residing at 520 Cherry Street, Carlisle, Cumberland County, Pennsylvania 17013. She is not married. The father of Alica is Cary Bastress, currently residing at 408 South Queen Street, Rear Apartment, Littlestown, Adams County PA 17340. He is not married. 4. The relationship of the defendant to Alica is that of father. Plaintiff does not know with whom the defendant is currently residing. 5. The relationship of plaintiff to Alica is that of mother. The plaintiff currently resides with the following persons: Name Alica Marie Catherine Bastress Relationship daughter 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of Alica in this or another court. Plaintiff has no information of a custody proceeding concerning Alica pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of Alica or claims to have custody or visitation rights with respect to Alica. 7. The best interest and permanent welfare of Alica will be served by granting the relief requested because: a) Plaintiff has been primary caretaker of Alica since birth; b) Plaintiff provides Alica with a home with adequate moral, emotional and physical surroundings as required to meet Alica's needs; c) Plaintiff is willing to accept custody of Alica; d) Plaintiff continues to exercise parental duties and enjoys the love, and affection of Alica; e) Defendant has not indicated to plaintiff an interest in accepting custody of Alica. 8. Each parent whose parental rights to Alica have not been terminated and the person who has physical custody of Alica have been named as parties to this action. WHEREFORE, plaintiff respectfully requests the court to grant her primary physical and sole legal custody of Alica. PATRICK W. ~lqN Certified Legal~Intem THO AS~M. PL~AC~ ROBERT E. RAINS LINDA E. FISHER Supervising Attorney THOMAS L. PEELER Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS. I verify that the statements made in this Complaint for Custody are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification authorities. ~7.aren ]~tdrge-tt- ~' ' Date CAREN BURGETT, Plaintiff Vo CARY BASTRESS, Defendant : IN THE COURT OF COMM&ON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION - LAW : IN CUSTODY : . : NO. 94-6718 CIVIL TERM CERTIFICATE OF SERVICE I, Patrick W. Quinn, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of said Complaint for Custody on Cary ~Bastress, at 408 South Queen Street, Rear Apartment, Littlestown, Adams County PA 17340, by depositing a copy of the same in the United States mail, restricted, return-receipt requested, first class, postage prepaid, this 9th day of December, 1994. P 734 297 7&1 Certified Mail Receipt Insurance Coverage Provided Do not use for International Mail (See Reverse) KAREN BURGETT , Plaintiff CARY BASTRESS , Defendant COUNT , P NNS LV IA : :NO. &7If- CIVIL - 1994 :CIVIL ACTION - CUSTODY COURT ORDER AND NOW, this ~_~_~day of ~;~ ~& , 1995, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: The Mother, Karen Burgett, and the Father, Cary Bastress, shall enjoy shared legal custody of Alica Marie Catherine Bastress, born March 27, 1992. The Mother shall enjoy primary physical custody of the minor child. 3. The Father shall enjoy periods of temporary physical custody of the minor child as follows: Starting February 25 and continuing for four consecutive Saturdays, the Father shall exercise temporary custody with the minor child from noon until 5 P.M. on each Saturday at the Mother's home. Starting March 25, Father shall exercise temporary custody from 9 A.M. until 5 P.M. on each Saturday for four successive Saturdays. This custody may be exercised with the Father taking the child out of the Mother's home. ® Ce Starting April 29, the Father shall enjoy custody on alternating weekends, with the first four alternating weekends being Saturday from 9 A.M. until Sunday at 6 P.M. After those first four alternating weekends, the alternating weekend schedule shall be expanded from Friday evening at 5 P.M. until Sunday evening at 6 P.M. This schedule may be modified by the parties as they may agree. Father shall handle transportation for the exchange of custody unless agreed otherwise by the parties. ® This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party determines that they desire a modification of this schedule, that party may petition the Court to have the case again referred to the Custody Conciliator. BY THE COURT, KAREN BURGETT , Plaintiff CARY BASTRESS , Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. - CIVIL - 1994 : : :CIVIL ACTION - CUSTODY CONCILIATION CON~amcENCE SUM~L~RY R~ORT IN ACCORDANCE WITH CUMBERLAND COUNTY CIVIL RULE OF CIVIL PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: mo The pertinent information pertaining to the child who is the subject of this litigation is as follows: Alica Marie Catherine Bastress, born March 27, 1992. A Conciliation Conference was held on February 17, 1995, with the following individuals in attendance: The Mother, Karen Burgett, with her counsel, Arthur Korniluk, of the Dickinson School of Law Family Law Clinic, and the Father, Cary Bastress, who appeared without legal counsel. The parties agreed to the entry of an Order in the form as attached. CAREN L. BODINE f/k/a Caren Burgett, VS. CARY BASTRESS, PLAINTIFF Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'rY, PENNSYLVANIA · CIVIL ACTION - LAW · NO. 1994-6718 CIVIL TERM · IN CUSTODY COMPLAINT TO MODIFY CUSTODY 1. Plaintiff is Caren L. Bodine, an adult individual, currently residing at 513 First Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Cary Bastress, an adult individual, currently residing at 980 Abbottstown Pike, Hanover, York County, Pennsylvania 17331. 3. Plaintiff seeks custody of the following child · Alica Marie Catherine Bastress, age 9, born March 27, 1992. The child was born out of wedlock. The child is presently in the primary custody of the Plaintiff with partial custody in the Defendant. A copy of the existing Order is attached. During the past five years, or since the child's birth, she has resided with the following persons at the following addresses: (a) County, Pennsylvan 4. The rel. resides with her bust -'rom 1995 to the present with the Plaintiff in Carlisle, Cumberland ~tionship of the Plaintiff to the child is that of natural mother. She ,and Scott Allen Bodine. 5. The relationship of the Defendant to child is that of natural father. His current residence is believed to be in Hanover, Pennsylvania. 6. The parties have participated as a party or witness in reference to the custody of their child. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: (a) The Mother has always been the primary caretaker of Alica. (b) The Father has a long history of suffering from a bi-polar disorder and ~s currently undergoing a lot of stress. The Plaintiff's daughter has a great deal of fear about having contact with her Father and only wishes to see him in a supervised setting. Alica is fearful that if the contact is unsupervised that he will abduct her. 8. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. NAME None ADDRESS BASIS OF CLAIM WHEREFORE, Plaintiff requests your Honorable Court to: A. Grant primary custody of the child to the Mother and establish a time for supervised visits with the Father; B. Require the Father to attend counseling and provide certifications from the counselor that he is attending and is capable of caring for his daughter; C. Grant such other relief as is just and in the best interest of the child. D. Set a court hearing to establish a temporary Order terminating the existing Order until a resolution by conciliation or full custody hearing. Respectfully submitted, Date: Robert L. O'Brien, Esquire Attorney for Plaintiff 17 West South Street Carlisle, PA 17013 (717) 249-6873 rlo.dir/domestic/bodine.cus I verify that the statements made in the foregoing Complaint To Modify Custody are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: //- CAREN L. BODINE, Plaintiff V CARY BASTRESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-6718 CIVIL IN CUSTODY COURT ORDER AND NOW, this ]~ ~ day of January, 2001, upon consideration of the attached Custody Conciliation Report, ii is ordered and directed as follows: This Court's prior Order of March 2, 1995 is ratified and shall remain in place as the custody arrangement. Father will initiate counseling to address the relationship with his minor child. Mother will ensure that the child is available for any counseling sessions that the counselor deems necessary. Father will sign a release to allow the counselor to share with Mother's attorney the results of this counseling. CC: Robert L. O'Brien, Esquire Cary Bastress 2770 Carlisle Pike New Oxford, PA 17350 BY THE COURT, ]. ~resle~ O~r, J~ Jo TRUE COPY FROM RECORD In 'l'e~timon¥ wh::r~of, I here unto set my hand and t.~ aeal of said~ourt a.,~t Cartiere, Pa. CAREN L. BODINE PLAINTIFF V. CARY BASTRESS DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 94-6718 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Friday, January 25, 2002 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , thc conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, February 14, 2002 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot bc accomplished, to define and narrow thc issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at thc conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Hubert X. Gilroy, Esq. ~(3/~ Custody Conciliator O' The Court of Common Pleas of Cumberland County is required by law to comply with the Americans~ with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VlNVAIASNN'ZJd ,LLNr'iO0 c]h.~'~Sa~rl, O 0~ ~0 CAREN L. BODINE, Plaintiff CARY BASTRESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 6718 CIVIL IN CUSTODY COURTO~ER AND NOW, this 2o ~ day of August, 2002, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: A hearing is scheduled in Courtroom No. 1 of the Cmnberland County Courthouse on ~/~t~ day of ~ at ~: ~]t9 ~.m. at which time testimony will be taken on the above case. At this hearing, the Father, Carey Bastress, shall be the moving party and shall procccd initially with testimony. Counsel for the parties shall file with the court and opposing counsel a memorandum setting forth the history of custody in this case, the issues currently before the court, each parties position on those issues, a list of witnesses who will testify at the hearing and a summary of the anticipated testimony of each witness. This memorandum shall be filed at least five (5) days prior to the mentioned hearing date. CC: /Joan Carey, Esquire Robert L. O'Brien, Esquire BY THE COURT, esley oier~. CAREN L. BODINE, Plaintiff CARY BASTRESS, Defendant Prior Judge: J. Wesley Oler, Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94 - 6718 CIVIL IN CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8Co), the undersigned Custody Conciliator submits the following report: The conciliator conducted a telephone conference call with legal counsel for the parties on August 15, 2002, and it was determined that a hearing is required in this case. Despite the fact that the parties referred the case to a counselor in February, the minor child is still unwilling to visit with the Father or even talk with the Father on the telephone. The child has expressed a number of times a desire to have this matter brought before the Judge. The conciliator recommends the entry of an order in the form as attached. DATE /~~quire CAREN L. BODINE, Plaintiff CARY BASTRESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-6718 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY IN RE: PLAINTIFF'S COMPLAINT TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 2nd day of iDecember, 2002, upon consideration of Plaintiff's Complaint To Modify Custody, and pursuant to an agreement reached in chamb,ers of the undersigned judge between counsel for the Plaintiff in the person of Robert L. O'Brien, Esquire, and counsel for the ]Defendant in the person of Joan Carey, Esquire, with respect to custody of the parties' child, Alica Catherine Bastress (date of birth March 27, 1992), it is ordered and directed as follows: 1. The father will .initiate contact with Alica by sending a letter, and Alica will respond to the father by sending the father a letter; 2. The counselor, Kay Ba].cziunas, M.S.N., R.N., C.S., has indicated that she will schedule initially two sessions of counseling, the first session to be with Alica alone, followed with a second session where Alica and her father will meet; 3. Kay Balcziunas has also indicated that she anticipates a total of up to 5 sessions of counseling between the father and the daughter, although it could be shorter if the counselor deems it appropriate; 4. The paternal grandmother and Ryan Bastress, Alica's half brother, shall also be free to contact Alica during the course of the counseling; 5. The goal is to reunite Alica and her father outside of the counselor's office. 6. An additional hearing in this matter is scheduled for Monday, March 17, 2003, at 1:30 p.m. in Courtroom Number 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Counsel are requested to notify the Court if they find that such hearing is unnecessary. 7. Legal custody of the child shall be shared by the parties, and primary physical custody shall remain in the mother. By the Court, /Robert L. O'Brien, Esquire For the Plaintiff / Joan Carey, Esquire For the Defendant :mae .We~,ley O~r~ Jr., J. CAREN L. BODINE, Plaintiff V. CARY BASTRESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 94-6718 CIVIL TERM PLAINTIFF'S COMPLAINT TO MODIFY CUSTODY ORDER OF COURT AND NOW, this 15th day of July, 2003, upon agreement of counsel, the hearing previously scheduled in this matter for July 21, 2003, is continued generally. COUNSEL ARE directed to notify the court if they desire a hearing in this matter or ifa settlement is reached. BY THE COURT, ,/l~'obert L. O'Brien, Esq. Attorney for Plaintiff ~'oan Carey, Esq. Attorney for Defendant :rc 0'7-1/,